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How Anti-Mafia Laws Could Bring Down Legal Pot

Most people have strong feelings about marijuana’s distinctive dank odor. Suspicious landlords sniff for it. High-school hot-boxers roll down all the windows of their cars and drive around for hours trying to get rid of it. Mainstream candle and soap companies seek to recreate it for high-end, non-psychoactive mood settings. And now, it’s quietly becoming clear that the powerful smell of legal cannabis could become its ultimate undoing ­– the thing that causes the entire legalization experiment to disappear in a poof of smoke.

Earlier this summer, the 10th U.S. Circuit Court of Appeals in Colorado decided that the “noxious odors” from a pot farm could be lowering nearby property values and creating a nuisance. The decision came out of a civil suit by the farm’s neighbors under federal racketeering law, and could set a landmark precedent. Marijuana remains illegal under federal law, and this decision makes clear that private citizens can now circumvent state law and do what Attorney General Jeff Sessions wants but has yet to do: challenge the legitimacy of states and businesses participating in legalization. Next year, the suit will go back to district court, and unless other appeals courts issue contradictory rulings and the Supreme Court decides to take up the case, the 10th Circuit decision will stand – providing a road map for people who hate marijuana to initiate the collapse of legal weed in America.